With representatives, frequently renewed, who neither administer nor judge, whose functions are determined by the laws; with national conventions, with primary a.s.semblies, which can be convoked any moment; with a people knowing how to read, and how to defend itself; with good journals, guns, and pikes; a Legislature would have a good deal of trouble in enjoying any months of tyranny. Let us not suppose an evil for the sake of its remedy.

3. _A king is needed to give force to executive power_.

This might be said while there existed n.o.bles, a priesthood, parliaments, the privileged of every kind. But at present who can resist the Law, which is the will of all, whose execution is the interest of all? On the contrary the existence of an hereditary prince inspires perpetual distrust among the friends of liberty; his authority is odious to them; in checking despotism they constantly obstruct the action of government. Observe how feeble the executive power was found, after our recent pretence of marrying Royalty with Liberty.

Take note, for the rest, that those who talk in this way are men who believe that the King and the Executive Power are only one and the same thing: readers of _La Feuille Villageoise_ are more advanced.(*)

* See No. 50.--_Author_

Others use this bad reasoning: "Were there no hereditary chief there would be an elective chief: the citizens would side with this man or that, and there would be a civil war at every election." In the first place, it is certain that hereditary succession alone has produced the civil wars of France and England; and that beyond this are the pre-tended rights, of royal families which have twenty times drawn on these nations the scourge of foreign wars. It is, in fine, the heredity of crowns that has caused the troubles of Regency, which Thomas Paine calls Monarchy at nurse.

But above all it must be said, that if there be an elective chief, that chief will not be a king surrounded by courtiers, burdened with pomp, inflated by idolatries, and endowed with thirty millions of money; also, that no citizen will be tempted to injure himself by placing another citizen, his equal, for some years in an office without limited income and circ.u.mscribed power.

In a word, whoever demands a king demands an aristocracy, and thirty millions of taxes. See why Franklin described Royalism as _a crime like poisoning_.

Royalty, its fanatical eclat, its superst.i.tious idolatry, the delusive a.s.sumption of its necessity, all these fictions have been invented only to obtain from men excessive taxes and voluntary servitude. Royalty and Popery have had the same aim, have sustained themselves by the same artifices, and crumble under the same Light.

XII. TO THE ATTORNEY GENERAL, ON THE PROSECUTION AGAINST THE SECOND PART OF RIGHTS OF MAN.(1)

Paris, 11th of November, 1st Year of the Republic. [1792.]

Mr. Attorney General:

Sir,--As there can be no personal resentment between two strangers, I write this letter to you, as to a man against whom I have no animosity.

You have, as Attorney General, commenced a prosecution against me, as the author of Rights of Man. Had not my duty, in consequence of my being elected a member of the National Convention of France, called me from England, I should have staid to have contested the injustice of that prosecution; not upon my own account, for I cared not about the prosecution, but to have defended the principles I had advanced in the work.

1 Read to the Jury by the Attorney General, Sir Archibald Macdonald, at the trial of Paine, December 18, 1792, which resulted in his outlawry.--_Editor._

The duty I am now engaged in is of too much importance to permit me to trouble myself about your prosecution: when I have leisure, I shall have no objection to meet you on that ground; but, as I now stand, whether you go on with the prosecution, or whether you do not, or whether you obtain a verdict, or not, is a matter of the most perfect indifference to me as an individual. If you obtain one, (which you are welcome to if you can get it,) it cannot affect me either in person, property, or reputation, otherwise than to increase the latter; and with respect to yourself, it is as consistent that you obtain a verdict against the Man in the Moon as against me; neither do I see how you can continue the prosecution against me as you would have done against one _your own people, who_ had absented himself because he was prosecuted; what pa.s.sed at Dover proves that my departure from England was no secret. (1)

My necessary absence from your country affords the opportunity of knowing whether the prosecution was intended against Thomas Paine, or against the Right of the People of England to investigate systems and principles of government; for as I cannot now be the object of the prosecution, the going on with the prosecution will shew that something else was the object, and that something else can be no other than the People of England, for it is against _their Rights_, and not against me, that a verdict or sentence can operate, if it can operate at all.

Be then so candid as to tell the Jury, (if you choose to continue the process,) whom it is you are prosecuting, and on whom it is that the verdict is to fall.(2)

But I have other reasons than those I have mentioned for writing you this letter; and, however you may choose to interpret them, they proceed from a good heart. The time, Sir, is becoming too serious to play with Court prosecutions, and sport with national rights. The terrible examples that have taken place here, upon men who, less than a year ago, thought themselves as secure as any prosecuting Judge, Jury, or Attorney General, now can in England, ought to have some weight with men in your situation. That the government of England is as great, if not the greatest, perfection of fraud and corruption that ever took place since governments began, is what you cannot be a stranger to, unless the constant habit of seeing it has blinded your senses; but though you may not chuse to see it, the people are seeing it very fast, and the progress is beyond what you may chuse to believe. Is it possible that you, or I, can believe, or that reason can make any other man believe, that the capacity of such a man as Mr. Guelph, or any of his profligate sons, is necessary to the government of a nation? I speak to you as one man ought to speak to another; and I know also that I speak what other people are beginning to think.

1 See Chapter VIII. of this volume.--_Editor._

2 In reading the letter in court the Attorney General said at this point: "Gentlemen, I certainly will comply with this request. I am prosecuting both him and his work; and if I succeed in this prosecution, he shall never return to this country otherwise than _in vintulis_, for I will outlaw him."--_Editor._

That you cannot obtain a verdict (and if you do, it will signify nothing) _without packing a Jury_, (and we _both_ know that such tricks are practised,) is what I have very good reason to believe, I have gone into coffee-houses, and places where I was unknown, on purpose to learn the currency of opinion, and I never yet saw any company of twelve men that condemned the book; but I have often found a greater number than twelve approving it, and this I think is _a fair way of collecting the natural currency of opinion_. Do not then, Sir, be the instrument of drawing twelve men into a situation that may be _injurious_ to them afterwards. I do not speak this from policy, but from benevolence; but if you chuse to go on with the process, I make it my request to you that you will read this letter in Court, after which the Judge and the Jury may do as they please. As I do not consider myself the object of the prosecution, neither can I be affected by the issue, one way or the other, I shall, though a foreigner in your country, subscribe as much money as any other man towards supporting the right of the nation against the prosecution; and it is for this purpose only that I shall do it.(1)

Thomas Paine.

As I have not time to copy letters, you will excuse the corrections.

1 In reading this letter at the trial the Attorney interspersed comments. At the phrase, "Mr. Guelph and his profligate sons," he exclaimed: "This pa.s.sage is contemptuous, scandalous, false, cruel. Why, gentlemen, is Mr. Paine, in addition to the political doctrines he is teaching us in this country, to teach us the morality and religion of implacability? Is he to teach human creatures, whose moments of existence depend upon the permission of a Being, merciful, long-suffering, and of great goodness, that those youthful errors from which even royalty is not exempted, are to be treasured up in a vindictive memory, and are to receive sentence of irremissible sin at His hands....

If giving me pain was his object he has that h.e.l.lish gratification." Erskine, Fame's counsel, protested in advance against the reading of this letter (of which he had heard), as containing matter likely to divert the Jury from the subject of prosecution (the book). Lord Kenyon admitted the letter.--_Editor._

P. S. I intended, had I staid in England, to have published the information, with my remarks upon it, before the trial came on; but as I am otherwise engaged, I reserve myself till the trial is over, when I shall reply fully to every thing you shall advance.

XIII. ON THE PROPRIETY OF BRINGING LOUIS XVI. TO TRIAL.(1)

Read to the Convention, November 21, 1792.

Paris, Nov. 20, 1792.

Citizen President,

As I do not know precisely what day the Convention will resume the discussion on the trial of Louis XVI., and, on account of my inability to express myself in French, I cannot speak at the tribune, I request permission to deposit in your hands the enclosed paper, which contains my opinion on that subject. I make this demand with so much more eagerness, because circ.u.mstances will prove how much it imports to France, that Louis XVI. should continue to enjoy good health. I should be happy if the Convention would have the goodness to hear this paper read this morning, as I propose sending a copy of it to London, to be printed in the English journals.(2)

Thomas Paine.

1 This address, which has suffered by alterations in all editions is here revised and completed by aid of the official doc.u.ment: "Opinion de Thomas Payne, Depute du Departement de la Somme [error], concernant le jugement de Louis XVI. Precede par sa lettre d'envoi au President de la Convention. Imprime par ordre de la Convention Nationale. a Paris. De l'Imprimerie Nationale." Lamartine has censured Paine for this speech; but the trial of the King was a foregone conclusion, and it will be noted that Paine was already trying to avert popular wrath from the individual man by directing it against the general league of monarchs, and the monarchal system. Nor would his plea for the King's life have been listened to but for this previous address.-- _Editor._

2 Of course no English journal could then venture to print it.--_Editor._

A Secretary read the opinion of Thomas Paine. I think it necessary that Louis XVI. should be tried; not that this advice is suggested by a spirit of vengeance, but because this measure appears to me just, lawful, and conformable to sound policy. If Louis is innocent, let us put him to prove his innocence; if he is guilty, let the national will determine whether he shall be pardoned or punished.

But besides the motives personal to Louis XVI., there are others which make his trial necessary. I am about to develope these motives, in the language which I think expresses them, and no other. I forbid myself the use of equivocal expression or of mere ceremony. There was formed among the crowned brigands of Europe a conspiracy which threatened not only French liberty, but likewise that of all nations. Every thing tends to the belief that Louis XVI. was the partner of this horde of conspirators. You have this man in your power, and he is at present the only one of the band of whom you can make sure. I consider Louis XVI. in the same point of view as the two first robbers taken up in the affair of the Store Room; their trial led to discovery of the gang to which they belonged. We have seen the unhappy soldiers of Austria, of Prussia, and the other powers which declared themselves our enemies, torn from their fire-sides, and drawn to butchery like wretched animals, to sustain, at the cost of their blood, the common cause of these crowned brigands. They loaded the inhabitants of those regions with taxes to support the expenses of the war. All this was not done solely for Louis XVI. Some of the conspirators have acted openly: but there is reason to presume that this conspiracy is composed of two cla.s.ses of brigands; those who have taken up arms, and those who have lent to their cause secret encouragement and clandestine a.s.sistance. Now it is indispensable to let France and the whole world know all these accomplices.

A little time after the National Convention was const.i.tuted, the Minister for Foreign Affairs presented the picture of all the governments of Europe,--those whose hostilities were public, and those that acted with a mysterious circ.u.mspection. This picture supplied grounds for just suspicions of the part the latter were disposed to take, and since then various circ.u.mstances have occurred to confirm those suspicions. We have already penetrated into some part of the conduct of Mr. Guelph, Elector of Hanover, and strong presumptions involve the same man, his court and ministers, in quality of king of England. M. Calonne has constantly been favoured with a friendly reception at that court.(1) The arrival of Mr. Smith, secretary to Mr.

Pitt, at Coblentz, when the emigrants were a.s.sembling there; the recall of the English amba.s.sador; the extravagant joy manifested by the court of St. James' at the false report of the defeat of Dumouriez, when it was communicated by Lord Elgin, then Minister of Great Britain at Brussels--all these circ.u.mstances render him [George III.] extremely suspicious; the trial of Louis XVI. will probably furnish more decisive proofs.

The long subsisting fear of a revolution in England, would alone, I believe, prevent that court from manifesting as much publicity in its operations as Austria and Prussia. Another reason could be added to this: the inevitable decrease of credit, by means of which alone all the old governments could obtain fresh loans, in proportion as the probability of revolutions increased. Whoever invests in the new loans of such governments must expect to lose his stock.

Every body knows that the Landgrave of Hesse fights only as far as he is paid. He has been for many years in the pay of the court of London. If the trial of Louis XVI. could bring it to light, that this detestable dealer in human flesh has been paid with the produce of the taxes imposed on the English people, it would be justice to that nation to disclose that fact. It would at the same time give to France an exact knowledge of the character of that court, which has not ceased to be the most intriguing in Europe, ever since its connexion with Germany.

1 Calonne (1734-1802), made Controller General of the Treasury in 1783, lavished the public money on the Queen, on courtiers, and on himself (purchasing St. Cloud and Rambouillet), borrowing vast sums and deceiving the King as to the emptiness of the Treasury, the annual deficit having risen in 1787 to 115 millions of francs. He was then banished to Lorraine, whence he proceeded to England, where he married the wealthy widow Haveley. By his agency for the Coblentz party he lost his fortune. In 1802 Napoleon brought him back from London to Paris, where he died the same year.

--_Editor._

Louis XVI., considered as an individual, is an object beneath the notice of the Republic; but when he is looked upon as a part of that band of conspirators, as an accused man whose trial may lead all nations in the world to know and detest the disastrous system of monarchy, and the plots and intrigues of their own courts, he ought to be tried.

If the crimes for which Louis XVI. is arraigned were absolutely personal to him, without reference to general conspiracies, and confined to the affairs of France, the plea of inviolability, that folly of the moment, might have been urged in his behalf with some appearance of reason; but he is arraigned not only for treasons against France, but for having conspired against all Europe, and if France is to be just to all Europe we ought to use every means in our power to discover the whole extent of that conspiracy. France is now a republic; she has completed her revolution; but she cannot earn all its advantages so long as she is surrounded with despotic governments. Their armies and their marine oblige her also to keep troops and ships in readiness. It is therefore her immediate interest that all nations shall be as free as herself; that revolutions shall be universal; and since the trial of Louis XVI.

can serve to prove to the world the flagitiousness of governments in general, and the necessity of revolutions, she ought not to let slip so precious an opportunity.

The despots of Europe have formed alliances to preserve their respective authority, and to perpetuate the oppression of peoples. This is the end they proposed to themselves in their invasion of French territory. They dread the effect of the French revolution in the bosom of their own countries; and in hopes of preventing it, they are come to attempt the destruction of this revolution before it should attain its perfect maturity. Their attempt has not been attended with success. France has already vanquished their armies; but it remains for her to sound the particulars of the conspiracy, to discover, to expose to the eyes of the world, those despots who had the infamy to take part in it; and the world expects from her that act of justice.

These are my motives for demanding that Louis XVI. be judged; and it is in this sole point of view that his trial appears to me of sufficient importance to receive the attention of the Republic.

As to "inviolability," I would not have such a word mentioned. If, seeing in Louis XVI. only a weak and narrow-minded man, badly reared, like all his kind, given, as it is said, to frequent excesses of drunkenness--a man whom the National a.s.sembly imprudently raised again on a throne for which he was not made--he is shown hereafter some compa.s.sion, it shall be the result of the national magnanimity, and not the burlesque notion of a pretended "inviolability."